Overview of the Mediation Process*

Mediation Flow

Joint Session (Opening Statements) -> Caucus Sessions -> Conclusion (Settlement or Impasse)

Opening Statements

The mediator begins the mediation – usually in a joint session – with an opening statement that provides initial instructions, describes the mediation process and sets the mediation agenda.
During this time, the mediator will also explain the mediator’s role, the voluntary and consensual nature of mediation, and the confidentiality that applies and any limitations to that confidentiality.
The parties are also encouraged to provide an opening statement to describe the issue(s) in dispute and any relevant matters that the parties deem worthy of consideration during the mediation.

Caucus Sessions

A caucus session gives the mediating parties an opportunity to meet separately with the mediator to discuss issues and/or possibilities for resolution.
During this time, the mediator may be seen as a messenger as she speaks with each side privately and presents offers, counteroffers, information, questions, etc.

Conclusion

Settlement:

If a settlement agreement is able to be reached, the parties will draft the agreement, consult with legal counsel, if needed, and sign.

Impasse:

No agreement is reached.

* The above represents a general overview of mediation. Mediation processes and results may vary depending on the factors involved.

Frequently Asked Questions:

What Is Mediation?

Mediation is a confidential process where a neutral third party, called a mediator, helps individuals or organizations work through a dispute and explore possible solutions. Unlike a court proceeding, mediation focuses on communication, problem-solving, and voluntary resolution. The parties—not the mediator—decide whether an agreement is reached and what that agreement will be.

What Is the Mediator's Role?

The mediator serves as a neutral facilitator. The mediator helps guide discussions, identify issues, and encourage productive communication between the parties. The mediator does not represent either side, does not advocate for either party, and does not make decisions for the parties. Even when the mediator is also a licensed attorney, the mediator remains neutral and does not provide legal advice to either side.

Is the Mediator a Judge?

No. A mediator is not a judge and does not have the authority to decide who is right or wrong. Unlike a judge, a mediator cannot impose a decision, enter a judgment, or require the parties to settle. The parties remain in control of the outcome throughout the mediation process.

How Does Mediation Help Disputing Parties?

Mediation can provide a practical and cost-effective way to resolve disputes. It allows parties to discuss concerns in a structured environment, explore creative solutions, and maintain greater control over the outcome than they may have in litigation. Mediation can also help reduce the time, expense, uncertainty, and stress often associated with a lawsuit.

1420 Celebration Blvd, Ste. 200 Celebration, FL 34747 | 407-360-9085 | info@givensfirm.com

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide to hire an attorney, ask us to send you free written information about our qualification and experience. The information at this Site is not, and is not intended to be, legal advice. Neither Erica Givens Glasgow nor The Givens Law Firm, P.A. accepts requests for legal advice nor offer specific legal advice over the internet.

1420 Celebration Blvd, Ste. 200 Celebration, FL 34747 | 407-360-9085 | info@givensfirm.com

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide to hire an attorney, ask us to send you free written information about our qualification and experience. The information at this Site is not, and is not intended to be, legal advice. Neither Erica Givens Glasgow nor The Givens Law Firm, P.A. accepts requests for legal advice nor offer specific legal advice over the internet.

1420 Celebration Blvd, Ste. 200 Celebration, FL 34747 | 407-360-9085 | info@givensfirm.com

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide to hire an attorney, ask us to send you free written information about our qualification and experience. The information at this Site is not, and is not intended to be, legal advice. Neither Erica Givens Glasgow nor The Givens Law Firm, P.A. accepts requests for legal advice nor offer specific legal advice over the internet.